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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS SANDOZ, Appellant.

Defendant's challenge to the geographical jurisdiction of Bronx County is unpreserved ( People v. Greenberg, 89 N.Y.2d 553, 555-556), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the People established geographical jurisdiction by a preponderance of the evidence ( supra), where the complainant cab driver testified that defendant asked to be driven to 173rd Street and Hoe Avenue in The Bronx, that he drove defendant to that destination, and that upon arriving at 173rd Street and Hoe Avenue, defendant robbed him at gunpoint ( see, People v. Armstrong, 160 A.D.2d 206, 207).

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence. Contrary to defendant's argument, there was ample evidence from which the trier of fact could have reasonably concluded that defendant was armed with a deadly weapon in the course of the commission of the crime (Penal Law § 160.15).

We have considered defendant's remaining contentions and find them to be without merit.

Concur — Sullivan, J. P., Rosenberger, Nardelli, Rubin and Saxe, JJ.

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PEOPLE v. SANDOZ
(Mar 31, 1998)